- Practice Areas
- Existing Clients
IRAC intends to continue offering its same-day filing service during the COVID-19 epidemic. However, the Board of Immigration Appeals will not stamp a conformed copy at the time of filing. See below for further details.
IRAC is located directly across the street from the Board of Immigration Appeals (BIA) and offers a same-day filing service to assist fellow attorneys.
Filings should be sent as PDF attachments and must be received no later than 4:00 pm Eastern Time (ET) on the day of filing. Large filings must be received well in advance of the deadline.
IRAC’s standard delivery charge is $100. However, we charge $75 for attorneys handling cases pro bono and for purchasers of the current edition of our Index of Unpublished BIA Decisions.
Please review the material below for filing tips and answers to frequently asked questions.
To ensure time for invoicing, printing, and assembly, IRAC must receive any same-day filing by 4:00 pm ET. Any filing received after that time will be accepted on a discretionary basis and may be subject to an enhanced delivery fee. Large filings must be received well in advance of the deadline to ensure adequate time for printing and assembly.
All filings leave IRAC’s office no later than 4:15 pm ET to ensure submission before the BIA clerk’s window closes at 4:30 pm ET. Emergency filings that must be submitted immediately will be subject to an additional $25 delivery fee. (Note: immediate delivery will not be available during the COVID-19 epidemic.)
After receiving your filing(s), IRAC will email you an invoice containing a link to a website where you can enter your credit card information. The invoice must be paid prior to filing. IRAC is immediately notified once the invoice is paid.
Yes. IRAC will promptly email copies of the pages stamped by the clerk’s office after returning from the BIA. (Note: during the COVID-19 epidemic, the BIA is not stamping conformed copies at the time of filing. They will instead return conformed copies by mail. When IRAC delivers your filing, we will leave an envelope addressed to our office for the BIA to return a conformed copy. Once we receive the conformed copy, we will scan and email you the stamped pages. We will also provide written confirmation that the filing was submitted on the day of filing.)
IRAC prefers to receive submissions in PDF format but will accept Microsoft Word files.
We prefer to receive filings by email but will accept filings by fax on an emergency basis. Our fax number is (703) 933-7690.
No. Practitioners are responsible for serving filings on the Department of Homeland Security.
No. Under EOIR Policy Memorandum 20-11, the BIA now accepts electronic signatures, e.g., “s/Your Name.” Alternatively, practitioners can submit scanned versions of pages with handwritten signatures. Practitioners should retain a copy of the original filing in case the Board requests its submission.
If a submission requires a filing fee, practitioners can pay the fee online through the EOIR Payment Portal and should submit the receipt with the filing itself. Alternatively, IRAC can write a check that covers the cost of the filing fee and will include the amount in your invoice. Thus, for a standard filing, the invoice would reflect IRAC’s delivery fee ($100) and the BIA filing fee ($110), for a total of $210.
The BIA requires submission of a $110 filing fee if you are filing:
• A Notice of Appeal (Form EOIR-26), except appeals of custody redetermination (i.e. bond appeals)
• A motion to reopen or motion to reconsider, unless based exclusively on a claim for asylum
The BIA does not require submission of a filing fee if you are filing:
• A brief
• A motion submitted while an appeal, motion to reopen, or motion to reconsider is already pending
• A motion for a stay of removal
• A motion to recalendar
• A joint motion
• Any other motion that does not require a fee by law, regulation, or directive
If proceedings involving multiple respondents were consolidated by the Immigration Judge, only one filing fee is required in connection with an appeal.
No. Practitioners do not need to submit a cover letter when submitting filings to the BIA.
No. The BIA accepts photocopies of all documents and discourages practitioners from submitting original documents (unless otherwise instructed).
In accordance with the BIA practice manual, IRAC pre-punches all filings with two holes along the top (centered and 2¾” apart) and staples them in the top left-hand corner.
No. IRAC submits all filings exactly as they receive them. Practitioners should physically label any materials accompanying their materials on the exhibits themselves.
No. However, IRAC will notify practitioners if they happen to notice a deficiency that could result in the rejection of a filing (e.g., a missing signature or certificate of service).
• Familiarize yourself with the BIA Practice Manual, the most recent version of which can be downloaded here, particularly Chapter 4.6 (Appeal Briefs) and Appendix J (Citation Guidelines).
• Include pages numbers on your brief.
• Include citations to the record for any factual assertion.
• Place the alien registration number (“A number”) on the cover page of the brief and on the bottom right corner of each page thereafter.
• Refer to the client as the “Respondent,” the government as the “Department of Homeland Security” or the “DHS,” and the immigration judge as the “Immigration Judge.”
• Use “I.J. at __” to cite the Immigration Judge’s decision, and “Tr. at __” to cite the transcript.